Social Security Administration Faces Class Action Lawsuit Over Treatment Of Same-Sex Couples

  • metta

    Posts: 39150

    Mar 16, 2015 5:17 PM GMT
    Social Security Administration Faces Class Action Lawsuit Over Treatment Of Same-Sex Couples


    http://www.buzzfeed.com/chrisgeidner/social-security-administration-faces-class-action-lawsuit-ov
  • Svnw688

    Posts: 3350

    Mar 17, 2015 2:27 PM GMT
    Wow, very interesting situation. So Jonny-homo was receiving SSI benefits because he was poor/disabled. The Windsor case is decided in 2013, but for a year the Social Security Administration continues to pay SSI benefits to Jonny-homo based on his being 'single' and without regard to his husband's income. Then after that year the SSA says, wait a minute, you guys have been married since Windsor, cuts the benefits by 66% based on the "husband's" now considered income, and then seeks recoupment for the year the SSA sat on its rear and failed to implement Windsor's import.

    My, my, my. It's interesting because LGBTs are, in a sense, fighting the SSA's recognition of their marriage (for the year from Windsor to today), which is counter-intuitive to say the least. But money talks, and their legal theory is sound. This does seem to fit the recoupment exception since it wasn't their fault--at all--and it would be unfair and frustrate the aims of the Act to seek recoupment (i.e., poor people shouldn't be asked to pay a year's worth of benefits out of the blue).

    I like this case.
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    Mar 17, 2015 10:46 PM GMT
    Unemployment payments can back fire. resulting in the state requesting re payment.
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    Mar 18, 2015 1:41 AM GMT
    Because what the world needs now is another lawsuit.